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Bombay High Court Dismisses Application for Appointment of Arbitrator in Development Dispute — No Valid Arbitration Agreement Exists as Alleged Agreement Was Never Finalized or Executed by Both Parties.

The applicant, G.A. Builders Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment...

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Bombay High Court Partially Allows Arbitration Petition Challenging Rejection of Counterclaim on Limitation Grounds. Court holds that limitation for counterclaim in arbitration under BSE Byelaws runs from date of filing of claim, not from accrual of cause of action.

The Petitioner, Hansraj Sohanlal Gouthi, HUF, through its Karta Ravi Gouthi, challenged an arbitral award dated 13 July 2009 passed by the Arbitral Tr...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court Quashes Termination of LPG Distributorship for Violation of Natural Justice. Show Cause Notice Not Served, Termination Order Set Aside Under Article 14 of Constitution.

The petitioner, Prashant S/o Gulabrao Kamble, was a LPG distributor of Indian Oil Corporation Limited. His distributorship was terminated by the respo...

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Bombay High Court Allows Petition of Food Inspector Challenging Minor Penalty Without Hearing. Withholding of Increment Without Cumulative Effect Quashed for Violation of Principles of Natural Justice Under Article 311(2) of the Constitution.

The petitioner, Shri Manik Abaso Jadhav, was appointed as a Food Inspector with the Mira Bhayandar Municipal Corporation. Subsequently, the designatio...

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Bombay High Court Dismisses Wife's Application to Stay UK Divorce Proceedings and Grant Anti-Suit Injunction. Court holds that Indian courts cannot restrain a party from pursuing divorce proceedings in a foreign court where the respondent is domiciled and the marriage was not consummated in India.

The plaintiff wife filed a Notice of Motion seeking an ex-parte ad-interim order to stay divorce proceedings initiated by the defendant husband in the...

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High Court of Bombay Allows Secured Creditor's Appeal Against Direction to Deposit Title Deeds in Insolvency — Official Assignee Cannot Demand Title Deeds Without Adjudication of Mortgage Validity Under Presidency Towns Insolvency Act, 1909.

The appeal was filed by Punjab National Bank (the appellant) against an order of a learned Single Judge of the Bombay High Court in Official Assignee'...